Legal Question in Wills and Trusts in Texas
What are stripes?
Could you put this in plain english?
....I give, devise and bequeath all of my estate whether real, personal or mixed, and wherever situated,to my three children..to be divided equally between them, share and share alike, and in the case of the death of any of my children before my death, leaving issue at my death,such issue shall take between them by representation and per stripes, the share which my said child would have taken had she survived me. If any of my children should precede me in death,without leaving issue surviving them, then that bequest shall lapse, and that deceased child's share pass to and vest in my children that do survive me.
This is my deceased mother's will, I have--name removed--deceased brother with children that passed before my mother and--name removed--sister.
1 Answer from Attorneys
Re: What are stripes?
The per stirpes distribution means that the children of predeceasing devisees get their parent's portion.
Insofar as your mother's will is concerned, you and your sister (I assume she's alive) each get 1/3. Your deceased brother's children will share his 1/3.
If your sister had predeceased your mother and had no children, then you would get 1/2 and your deceased brother's children would get 1/2.
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